Legislation under consideration by General Assembly would allow SCC to override county’s comprehensive plan and local zoning ordinances
By Randy Arrington
LURAY, Jan. 21 — During its regular monthly meeting, the Page County Board of Supervisors unanimously adopted a resolution opposing House Bill 2126 (HB2126) and Senate Bill 1190 (SB1190), which could potentially undo two years (or more) of work local officials and hired consultants endured to draft a solar ordinance aimed at keeping large-scale solar farms from setting up shop in the Page Valley.
“We do not care to have the state telling us what we can and cannot do,” District 2 supervisor Allen Louderback (a former delegate to the General Assembly) said at the close of the board’s Jan. 21 meeting. “Solar companies see this as an opportunity to come in and do whatever they want.”
Twin bills currently under consideration in the General Assembly “would allow the State Corporation Commission (SCC) to override local comprehensive plans and zoning ordinances for the siting of utility-scale solar, wind and battery storage facilities,” according to the resolution.
“WHEREAS, the Page County Planning Commission and Board of Supervisors spent over two years crafting a solar ordinance, consistent with the Comprehensive Plan, with the intention of protecting the best interest of the county and its land use, and… local review and approval of these projects is necessary to determine if the use and location are consistent with the County’s land use goals and objectives, and…the state should not place limits on local ordinances to permit these facilities, regardless of the total amount, density, or size of such projects, and…the imposition of these Bills would be detrimental to the county’s two largest industries: agriculture and tourism…NOW, THEREFORE BE IT RESOLVED, that the Page County Board of Supervisors does hereby oppose passage of these Bills,” the resolution states.
The resolution requests that “the Honorable Glenn Youngkin, Governor of Virginia, the Honorable Todd Gilbert, member of the Virginia House of Delegates, and the Honorable Mark Obenshain, member of
the Senate of Virginia, oppose HB2126 and SB1190.” Gilbert and Obenshain represent Page County.
HB2126 introduced by Delegate Richard C. “Rip” Sullivan (District 6 – Fairfax County) creates the establishment of the Virginia Energy Facility Review Board to conduct “critical interconnection reviews, conduct analysis and study policy options, review regional energy plans, local comprehensive plans, and local solar and storage ordinances and to facilitate the responsible siting of critical interconnection projects in the Commonwealth,” according to a bill description on the Legislative Information System (LIS).
The bill also establishes the Virginia Clean Energy Technical Assistance Center, “consisting of public institutions of higher education, to serve as an interdisciplinary study, research, and information resource and to provide technical assistance to state agencies, planning district commissions, localities, the Review Board, other public bodies, and private entities in matters related to critical interconnection projects. The bill requires the Center to collaborate with the Review Board to issue the regional energy report and to establish the model local ordinance.” (Click the link in the opening paragraph to learn more about HB2126.)
On Jan. 7, HB2126 was referred to the House Committee on Labor and Commerce. On Jan. 28, a fiscal impact statement was requested from the Department of Planning and Budget.
SB1190 patroned by Senator Creigh Deeds (District 11 – Nelson County) mirrors HB2126, with the same previsions to set up the Virginia Energy Facility Review Board and the Virginia Clean Energy Technical Assistance Center.
“The bill requires a locality to issue its final decision regarding any zoning change, variance, or the issuance of a special exemption, special use permit, or conditional use permit related to a critical interconnection project no later than 180 days after receiving a critical interconnection opinion issued by the Review Board. If the locality’s final decision diverges from the Review Board’s opinion, the locality is required to include a written determination setting forth all facts and conclusions reached by the locality that support its final decision. Under the bill, a locality’s failure to make a final decision within the 180-day period, constitutes a granting of the zoning change, variance, special exemption, special use permit, or conditional use permit related to a critical interconnection project,” according to a bill summary on LIS.
“The bill requires that any appeal of a locality’s decision related to a critical interconnection project will be filed in the circuit court of such locality. The bill provides that such appeal can be brought only by the aggrieved applicant or the owner of the property subject to a special and no other person has standing to file such appeal or seek judicial review. Under the bill, in any such appeal, there is a rebuttable presumption that the opinion of the Review Board is correct. Such presumption may be overcome by a preponderance of the evidence that the locality’s decision to grant or deny a project or to include the challenged conditions was consistent with provisions in the locality’s ordinance that are not unreasonable restrictions,” the summary states.
On Jan. 8, SB1190 was referred to the Senate Committee on General Laws and Technology. One week later, the bill was transferred to the Senate Committee on Commerce and Labor. On Jan. 24, the bill was referred to Finance and Appropriations to determine fiscal impacts, as well as incorporating SB1114 and SB1434.(Click the link in the opening paragraph to learn more about SB1190.)
Both bills being proposed during the 2025 General Assembly session are recommendations of the Commission on Electric Utility Regulation. That organization is designed to monitor the State Corporation Commission’s implementation of the Virginia Electric Utility Regulation Act.
In other business at its Jan. 21 meeting, the Page County Board of Supervisors took the following actions:
• Welcomed new board member Susan Kile, who was recently appointed by the board to fill the vacancy left in the District 4 seat by the unexpected Oct. 23, 2024 resignation of Isaac Smelser. Kile’s appointment extends through Dec. 31, 2025; however, a special election will be held in November to fill the remainder of Smelser’s four-year term through Dec. 31, 2027.
• Unanimously selected District 1 representative Keith Guzy to serve as vice chairman for 2025, under a one-year rotating system the board has used for many years. District 2 representative Allen Louderback was unanimously selected as the second vice chair for the next 12 months. The board also unanimously approved its 2025 meeting schedule and rules of procedure. The Board previously designated that monthly work sessions will be held on the first Monday of each month and regular meetings will be held on the third Monday of each month, with all meetings starting at 7 p.m. in the county government center on South Court Street in Luray. Each member is allowed to participate in six meetings per year remotely. If the at-large chairman, Keith Weakley, participates remotely, the vice chairman will conduct the meeting.
• Unanimously approved amendments to the Outdoor Entertainment Events & Festivals ordinance, including a new definition of camping units and campsites, exemptions for events held on property owned by other governing agencies (unless a road closure is required), allowance for staff approval of events with expected attendance of between 100 and 300 (without going before the board), requiring events with more than 300 in attendance expected to have board approval, allowing staff approval (without going before the board) for events held at least five consecutive years without complaints or violations, and limiting the number of events at any one location to six per year.
• Recognized 2024 Dispatcher of the Year Anne Good, who has nearly 33 years of experience in the field. Good was honored for her service to the county, attendance at conferences and training she has received.
• Unanimously approved several budget amendments, including the acceptance of $3,000 in state funds for the second-straight year from the VDEM Enterprise GIS Software Grant for the county’s GIS department, the acceptance of $7,500 for the fourth consecutive year from the Virginia Federation of Humane Society’s Direct Animal Award for the care of animals at the Page County Animal Shelter, and appropriating $9,382 of stormwater permit revenue for the Planning and Community Development Department’s contractual services (amount exceeds budget estimate for fees collected for stormwater inspections).
• Unanimously approved the re-appointment of Bart Price to represent District 4 for another four-year term on the Page County Economic Development Authority through Jan. 31, 2029.
• Unanimously approved a public hearing for the board’s next meeting on Tuesday, Feb. 18 to receive public input on proposed zoning ordinance amendments dealing with alternative dwelling structures such as “yurts, domes, tiny homes, shipping containers, etc.” Concerns have been raised by the public related in general to the aesthetics and screening of these types of dwellings. The Page County Planning Commission spent several months discussing the proposed amendments and held a public hearing on Dec. 10, 2024. The planning commission recommended approval to the Board, 4-0.
For more information on Page County government,
visit https://www.pagecounty.virginia.gov/
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The Democrats come out and embrace “the merger of state and corporate power” as defined by Itslian Nazi dictator Benito Mussolini.
If Virginia had any serious shale reserves (hence, enough to drill for)Republicans legislators en masse would be voting to overturn a localities right to regulate local drilling operations, as they did in Pennsylvania, period.
Also, a key concept of fascism, is projection – accuse your opponents of the things you want to do and are. The most fascist statement a politician can make is “I alone can fix it..”, sound familiar?
Barry Lyndon. You are a man pushed around by fate and destiny, a man to whom things happen. Now Trump has happened, not so much an authoritarian figure but as just a needed fixer of dumbbell leftist fantasies, adulterations, and perversions.